560 S.W.3d 162
Tex. Crim. App.2018Background
- Cynthia Kaye Wood pled guilty to attempted capital murder for actions on October 2014 involving her infant son, K.W., who suffered repeated unexplained breathing episodes while hospitalized; hidden-camera footage showed Wood placing objects/hands over the child’s face.
- The indictment alleged attempted capital murder (including later amendment alleging a deadly weapon, to which Wood pleaded true).
- At sentencing the trial court imposed life imprisonment.
- On direct appeal the court of appeals reversed, holding the indictment failed to allege the aggravating element of capital murder and thus authorized only attempted murder; it concluded Wood’s life sentence was illegal and remanded for resentencing as attempted murder.
- The State petitioned for discretionary review to the Court of Criminal Appeals, which held the sentence was not illegal and remanded the case to the court of appeals to address Wood’s other appellate claims.
Issues
| Issue | Plaintiff's Argument (Wood) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether an indictment charging an attempted offense must plead all constituent elements of the completed offense (here, the aggravating element of capital murder) | Indictment failed to allege the aggravating circumstance elevating murder to capital murder, so the indictment charged only attempted murder; a life sentence therefore was illegal | For attempted offenses, an indictment need not allege the constituent elements of the consummated offense; the indictment here charged attempted capital murder and Wood pled to it, so the life sentence was authorized | The Court held an indictment for an attempted offense is not fundamentally defective for omitting elements of the completed offense; Wood was properly charged/pleaded to attempted capital murder and the life sentence was not illegal |
Key Cases Cited
- Whitlow v. State, 609 S.W.2d 808 (Tex. Crim. App. 1980) (an indictment for criminal attempt need not allege the elements of the consummated offense)
- Williams v. State, 544 S.W.2d 428 (Tex. Crim. App. 1976) (attempt indictment not defective for failure to allege elements of the completed offense)
- Jones v. State, 576 S.W.2d 393 (Tex. Crim. App. 1979) (reaffirming that attempted offense need not prove completed offense elements)
- Crawford v. State, 632 S.W.2d 800 (Tex. App.—Houston [14th Dist.] 1982, pet. ref’d) (distinguishable: indictment charged consummated capital murder and omitted aggravating element, requiring reversal)
- Sierra v. State, 501 S.W.3d 179 (Tex. App.—Houston [1st Dist.] 2016, no pet.) (distinguishable: indictment charged a completed offense with a lesser-degree theory; rule that State is held to the offense charged)